In a line-up at the scene of a robbery where a man was arrested, has he ever alleged that he was mistaken for the wrong person by the police for the purpose of identification?

MultiRegion, United States of America

The following excerpt is from Allen v. Rhay, 431 F.2d 1160 (9th Cir. 1970):

Nor has he alleged any other facts about the line-up that were suggestive for the purpose of identification. He contends that at the line-up he was identified as the robber of a different tavern than the one involved in his arrest. There is no merit to this contention. His allegations fail to show that viewing the "totality of the circumstances," the "confrontation * * * was so unnecessarily suggestive and conducive to irreparable mistaken identity that he was deprived of due process of law." Stovall v. Denno, supra, p. 302, 87 S.Ct. p. 1972.

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